Legal Protection of Plant Variety within the Patent and Sui Generis Systems

9 Baku St. U. L.Rev. 42 (2023)
Article language: Azerbaijani.

Although the protection of plant variety was later incorporated in the subject of intellectual property rights, it has become one of the areas that countries whose economy depends on agriculture pay particular attention to in modern times. Thus, states take measures to preserve plant variety while ensuring the legal protection of new plant species. After gaining independence, the Republic of Azerbaijan also adopted laws on various aspects of the legal protection of plant variety, signed and has become a member of numerous international conventions: the International Convention on the Protection of New Plant Varieties (UPOV), the Convention on Biological Diversity of the United Nations, the Convention on Plant Protection. However, the legal protection of plant variety, which requires sui generis regulation, remains one of the unexplored fields in Azerbaijani intellectual property law literature.
In the article, the regime of protection of plant variety, especially selection accomplishments with intellectual property rights in the Republic of Azerbaijan, the sui generis protection model of the International Convention “On the Protection of New Plant Varieties” – UPOV Convention will be studied. The article also examines the compulsory license that provides an effective sui generis system, the disclosure of information about the patent, and the right of third parties to challenge the patent. In the end, by giving examples from the experience of UPOV member states, attention is drawn to the existing gaps in the national legislation in this field, and proposals are made to eliminate them.

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